Legal Opinion

Rivera v. Califano

District Court, S.D. New York

Decided January 16, 1980No. 79 CIV. 0607 (LBS)Published

1Opinion of the Court

*160OPINION

SAND, District Judge.

This is an action brought under the Social Security Act, 42 U.S.C. § 405(g) (the “Act”) to review a final determination of the Secretary of the Department of Health, Education and Welfare (the “Secretary”) who determined that plaintiff is not disabled within the meaning of 42 U.S.C. § 423(d)(1)(A), § 223(dXl)(A) of the Act as amended.1 Plaintiff asserts that this Court should order that the matter be remanded for consideration of “new evidence”. Plaintiff’s Memorandum of Law at 4-7. The issue before this Court is thus whether plaintiff has met her statutory burden…

2Cases cited13 opinions

  1. Helene Marcus v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1979
  2. Minnie Gold v. The Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1972
  3. Lionel J. Bastien v. Joseph P. Califano, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1978
  4. Hazel Cutler v. Caspar Weinberger, as Secretary of the Department of Health, Education and Welfare of the United States of AmericaCourt of Appeals for the Second Circuit · 1975
  5. Josephine Kemp v. Caspar W. Weinberger, Secretary of Health, Education and Welfare of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1975

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